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Would Financial Impecuniosity be Considered in Committal Proceedings? And to What Extent?

Would Financial Impecuniosity be Considered in Committal Proceedings? And to What Extent?

by Lavinia Kumaraendran

An application for an Order of Committal can be made by one party (“the applicant”) in order to enforce an order of court that the other party (“the defendant”) has failed/refused to comply with, whether a payment of a monetary sum or an order requiring an act to be done....[Read more...]

The case of Cubic Electronics: Do actual losses need to be proven for compensation?

The case of Cubic Electronics: Do actual losses need to be proven for compensation?

by Adrian Ong

In the recent Federal Court case of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [Appeal No. 02(f)-64-09/2019(W)], the Malaysian apex court had the opportunity to re-evaluate the position of law with regard to Section 75 of the Contracts Act 1950 (the “CA 1950”) which provides as...[Read more...]

Left Out of a Will? Here’s What You Can Possibly Do

Left Out of a Will? Here’s What You Can Possibly Do

by Cassandra Lee

For some, finding out that they have been left out of a Will leaves them with much anguish, confusion and frustration. Such situations will eventually lead to strife amongst family members. Having clarity of what one can and cannot do in such circumstances may help a person who believes he...[Read more...]

Saving Private Nuisance

Saving Private Nuisance

by Tan Jee Tjun

The title of this article only exists to satisfy the writer’s odd inclination towards rhyming titles. This short article is to examine the impact of the (not so) recent Federal Court decision of Au Kean Hoe v Persatuan Penduduk D’villa Equestrian [2015] 4 MLJ 204 FC on the law of...[Read more...]

Does the failure by a party to pay costs in an arbitration amount to a material breach of the arbitration agreement?

Does the failure by a party to pay costs in an arbitration amount to a material breach of the arbitration agreement?

by Mavin Thillainathan

Article 40 of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules defines the term “costs” in an arbitration to include the fees of the arbitral tribunal, legal costs and the fees and expenses of the appointing authority.[Read more...]

Tenaga Nasional Berhad v Bukit Lenang Development Sdn Bhd - An electrifying decision

Tenaga Nasional Berhad v Bukit Lenang Development Sdn Bhd - An electrifying decision

by Clinton Tan

It is unlawful for electric utility companies (such as Tenaga Nasional Berhad “TNB”) to encroach on private lands to supply electricity to illegal occupiers of land. Doing so would render TNB liable for trespass.[Read more...]

Award of Damages in Defamation Actions

Award of Damages in Defamation Actions

by Alliff Benjamin Suhaimi & Pauline Lim

The recent Federal Court decision in Chong Chieng Jen v Government of State of Sarawak & Anor has sparked robust discourse on the subject of civil defamation actions. As such, it is imperative for the public to be aware of the likely range of the monetary reliefs that the Court...[Read more...]

101 on Land Acquisition in Malaysia

101 on Land Acquisition in Malaysia

by Alliff Benjamin Suhaimi & Pauline Lim

Malaysians enjoy a constitutionally protected right to property, as enshrined in Article 13 of the Federal Constitution. However, the language of Article 13 itself shows that this is not an absolute right as it provides that “no person shall be deprived of property save in accordance with law[Read more...]

Public Authority can now sue for Defamation. What’s Next?

Public Authority can now sue for Defamation. What’s Next?

by Alliff Benjamin Suhaimi

The Federal Court yesterday has ruled that a Federal or State Government have the necessary locus standi (standing) to sue for defamation. This is a great setback to our defamation laws and to a citizen's freedom to voice out grouses against the Government.[Read more...]

Animal Cruelty: Are We Doing Enough?

Animal Cruelty: Are We Doing Enough?

by Alliff Benjamin Suhaimi

Yet again, Malaysians are greeted by truly upsetting news relating to animal cruelty. Not too long ago, there was the case of Furby the guard dog being mercilessly beaten and now we have a pregnant cat being placed in a clothes dryer.[Read more...]